Public Records Laws
State and local agencies and state-supported universities are required by law to manage their records to ensure access. For a quick review, let's take a look at the general statutes that affect public records. If you want to see the full text of these statutes, follow the link in the Learn More sidebar.
General Statute §121: Archives and History Act
- § 121-4(2)
- Assigns records management responsibility for state and local agencies and state-supported universities to the Department of Cultural Resources (DCR).
- The State Records Center and records management programs are established.
- § 121-5
- § 121-5 (b) regulates the destruction of public records by stating that no agency can destroy records without the consent of DCR. (Consent is granted to state and local agencies and state-supported universities through the development and implementation of records retention and disposition schedules.)
- § 121-5 (c) directs DCR to assist state and local agencies in the management of their records. DCR does this through consultations, workshops, and writing retention and disposition schedules.
General Statute §132: Public Records Law
- Defines a public record in the State of North Carolina
- Sets out, in detail, provisions governing access to public records
- Establishes confidentiality of certain public records
- § 132-1
- § 132-1(a) defines public records: "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions.
- §132-1(b) states that "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost…"
- § 132-6 discusses access to public records.
- § 132-6 (c) states that "No request…shall be denied on the grounds that confidential information is commingled with the requested non-confidential information…"
- This section deals with confidential information that may be part of a public record. To fulfill the request for these records you may need to redact or remove the information that is confidential from the record before providing it for public inspection. Redaction must also be performed on electronic records. If there is a database that has both confidential and non-confidential information in it, you must provide the non-confidential information to anyone who requests it.
- § 132-6.1 addresses the proliferation of electronic records in state and local government.
- § 132-6.1 (a) states that "… no public agency shall acquire any system for public records unless it will not impair the agency's ability to permit public inspection…"
- This provision is in place to ensure that agencies don't purchase equipment which makes it harder on the public to gain access to records, and places the responsibility for redaction on the agency. Your office must have a plan to provide public access to electronic or digital records.
- § 132-6.1 (b) directs agencies to index databases. (See Public Database Indexing Guidelines.) This section indicates that database indexes are required by law. This requirement is a good idea for all databases, and can help you keep an inventory or guide to databases within a department.
- § 132-6.2
- § 132-6.2 (a) indicates: "Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them..."
- Example: a citizen can request a copy of a record on a CD, or in paper; however, if they request a record on a transparency, and your office does not keep transparencies, you may decline the request to place the record on transparencies.
- § 132-6.2(b) states "No person requesting to inspect and examine public records…shall be required to disclose the purpose or motive for the request.
- While you cannot require a person to disclose their reason for the request, you can inquire about the reason if it will help you provide them with what they want; however, knowing the reason cannot be used to deny access to the records.
- § 132-6.2(f) states that "… the inspection or copying of any public record…may be made subject to reasonable restrictions intended to preserve the particular record."
- This section provides you with the ability to protect records that could be damaged by public inspection. In most cases this section refers to records that are very old (100+ years). If you have such records, contact us so that we can assist in preserving them.
- § 132- 7 addresses the preservation of public records by the custodian, and provides guidance for keeping your records safe. For example:
- Avoid storing your records in flood-prone basements
- Avoid storing your records under leaky roofs
- Keep records secure by locking up confidential records
- § 132-9 provides remedies for those denied access to public records.
For further information about public records laws, click the N.C. General Assembly link in the Learn More sidebar on the left of this page.
Assess your knowledge of NC public records laws by answering this multiple choice Quiz Me question.
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